HomeMy WebLinkAboutOrdinance No. 20242
ORDINANCE NO. 20242
AN OI~INANCE CONCERNING FORFEITU~, AND
AMENDING SECTIONS 4.245, 4.247, 4.251, 4.253, AND 4.255
OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES OR~DAIN AS FOLLOWS:
Section 1~ Sections 4~245, 4.247, 4.251, 4.253, and 4.255 of the Eugene Code, 1971, are
arrtended to provide:
4.245
FORFEITURE
Forfeiture - Definitions. As used in sections 4.245 to 4.255, unless the comext
requires otherwise, the following words and phrases mean:
Attempt has that definition provided in ORS 161.405.
CQntraband. Personal property', articles or things, including but not limited
to controlled substances or drug paraphernalia, that a person is prohibited by Oregon
statute or local ordinance from producing, obtaining or possessing.
Controlled substance has that definition provided in ORS 475.005(6), except
that this shall not include less than one avoirdupois o-mace of marijuana.
Criminal conspiracy. That defined in ORS 161.450.
Deliver or delivery_ has that definition provided in ORS 475~005(g).
Ille~l activity:
(a) Unlawful possession of a controlled substarlce as defined in
ORS 475.992(4);
(b) The manufacture or delivery of controlled substances;
(c) The possession of controlled substances with intent to deliver;
(d) Theft activity; or
(e) Criminal conspiracy to comrrfit one of the crimes mentioned
in (a) to (d) of this paragraph.
(f) An attempt to commit one of the crimes mentioned in (a) to
(e) of this paragraph.
Law enforcement purposes. Those purposes which may reasonably be
expected to result in the identification, apprehension or conviction of criminal
offenders~
Manufacture has thal definition provided in ORS 475.005(14).
Production has that definition provided in ORS 475.005(19).
Propert55 Any interest in anything of value, including the whole of any lot or
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tract of land and tangible and intangible personal property, including currency,
instruments or securities or any other kind of privilege, interest, claim or right
whether due or to become due.
Propertt5 used to promote illegal acfivit~ Property that has a substantial
connection to, or is instrumental in, the commission of illegal activity~
Substantial connection. There is a substantial connection to an illegal activity
when property is used, or intended to be used in any manner, in the course of, in
furtherance of, derived from, or realized through an illegal activky.
Theft activity. Includes all forms of attempted theft and theft contained in
ORS 164~005 to ORS 164.140.
4.247 Forfeiture~
(1) Except as provided in subsections (2) and (3) of this section, property used
to promote illegal activity is hereby declared to be a public nuisance and is subject to fbrfeiture by
the city in accordance with Article XV, section 10 of the Oregon Constitution and the procedures
of section 4.253 of this code. The Following property is subject to forfeiture under this code:
(a) Any controlled substance which is intended for or has been
manufactured or delivered.
(b) Any raw material, product, container, equipment, book, record,
research material (including formula, microfilm, magnetic tape and data) of any kind
which is used, or is intended fbr use in an illegal activity.
(c) Any conveyance including aircraft, vehicle or vessel which is used to
manufacture or deliver or in any manner to facilitate the manufacture or delivery' of
any controlled substance or any such conveyance which is used to transport or
conceal any controlled substance.
(d) Any money, negotiable instrument, security or other thing of value
fi~rnished or exchanged or intended to be furnished or exchanged by or to any person
to facilffate any illegal activity, and any proceed or profit traceable to such
furnishment, exchange or illegal activity.
(e) Any proceed, profit or thing of value traceable to any illegal activity.
(f) Any equipment, material or record of any sort that is used, or intended
fbr use to facilitate any illegal activity.
(g) Any real property which is used to possess, manufacture or deliver any
controlled substance.
(2) This section shall not apply to residential real property which is used to
facilitate the possession, manufacture or delivery of marijuana, or is used for theft activity, unless
the city proves beyond a reasonable doubt that the real property or equity therein was acquired with
assets derived fi:om illegal activity fbr Which the owner of the property was convicted.
(3) In a civil forfeiture proceeding under sections 4.245 to 4.255, if a financial
institution claiming an interest in the property demonstrates that it holds an interest, its interest shall
not be subject m fbrfeimre, ffa person claiming an interest in the property, other than a financial
institution or a defendant charged with or convicted of a crime involving that property, demonstrates
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that the person has an interest in the property, that person's interest shall not be subject to forfeiture
unless the city proves by clear and convincing evidence that the person took the property or the
interest with the intent to defeat the forfeiture~ or the person is later convicted of a crime as described
in section 4~253(1),
4.249
Exerrkotion.. Sections 4.245 to 4.255 shall not apply to those unlawful acts defined
in ORS 166.720(1) and (2).
4~251 Forfeiture - Seizure. Any property subject to fbrfeiture to the city under section 4.247
may be temporarily seized by any police officer on behalf of the city without issuance
of court process 'when:
(a) The seizure is incident to a lawful arrest or search under a search
warrant or an inspection under an administrative search;
(b) A police officer lawfully seizes the property under ORS 133.525 to
133.703 and has probable cause to believe that the property has been used or is
intended for use in or to fi~cilitate illegal activity;
(c) The property subject to seizure has been the subject of a prior
judgment in favor of the city in a fbrfeiture proceeding under this code;
(d) The property is directly or indirectly dangerous to the health or
safety of any person; or
(e) An owner consents to the seizure.
4.253 Forfeiture - Institution of be_~al Procee_¢ings.
(1) -fhe city manager may institute a forfbiture proceeding in rem to obtain a
judgment of forfeiture against property seized 'under section 4.251 or subject to forfeiture under
section 4.247. No judgment of forfeiture shall be allowed or entered until and unless the owner of
· the property is con-victed of a crime and the property is fbund by clear and convincing ev'idence to
have been instrumental in committing or facilitating the crime or the proceeds of that crime. The
value of the property sought to be forfeited shall not be excessive and. shall be substantially
proportional to the specific conduct fbr which the ov~mer of the property has been convicted.
(2) Notwithstanding the provisions of subsection (1) of this section, if., following
notice to all persons know2~ to have an interest or who may have an interest, no person claims an
interest in the seized property or if the property is contraband, a judgment of forfeiture may' be
allowed and entered without a criminal conviction.
(3) The proceedings i~br the fbrfeiture of the property shall be in accordance with
fhe Oregon Rules of Civil Procedure and an>, person claiming an ownership interest in the property
may file an answer and have the right to a jury trial.
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4.255 Forfeiture ~ Disposition of Prop_erty.
(1) Prior to obtaining any forfeiturej udgment, any- money, security and negotiable
instrument that is not retained by the seizing law enforcement agency for evidentiary proposes shall
be deposited with the city finance officer pending the outcome of the forfeiture proceeding. Other
property shall be kept in the custody of the city manager, or the manager's designee, ~_mtit a forfeiture
judgment is obtained.
(2) When a judgment of forfeiture is obtained under sections 4.245 to 4.255, (he
proper(y or proceeds shall be distributed or applied as required by state law.
(3) For Fiscal Year 2002, as authorized by state law, forfeiture fm~ds deposked
in the general fund of the city need not be used exclusively for drug treatment but may be used for
all. purposes except law en~brcement proposes. For Fiscal Year 2003 and thereafter, forfeiture fBnds
deposited in the general fund of the city shall be used exclusively for drug treatment £br residents of
the City of Eugene.
(4) The city shall annually report the nature and disposition of all property and
proceeds seized ~br forfeiture or forfeited m a state asset forfeiture oversight commi~ee created
under Article XV, section (11) of the Oregon Constitution.
Section 2, The City Recorder, at the request of, or with the concurrence of the City Attorney,
is authorized to administratively correct any reference errors contained herein or in other provisions
of the Eugene Code.. 1971, to the provisions added, amended or repealed herein.
Passed by the City' Council this
14~" day of January~ 2002
Approved by the Mayor this
14ta day of January, 2002
City' Recorder
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